Appellant's Statement of the Issues:
I. Whether Heitzmann was in effect seized and therefore arrested in violation of Heitzmann's fourth amendment rights against unreasonable search and seizure.
II. Whether the search of Heitzmann, who was not lawfully arrested, was in violation of Heitzmann's fourth amendment rights against unreasonable search and seizure.

Appellee's Statement of the Issues:
I.Whether the initial seizure, frisk, and search were done in violation of the Fourth Amendment
II. Whether the search of the defendant was in violation of NDCC 29-29-21
III. Whether the defendant was illegally "arrested"